City Council/Redevelopment Agency Agendas
MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council and Redevelopment Agency meetings. If you require, American Sign Language interpreters, a reader during the meeting, and/or large print agendas, to make arrangements, please call: Office of the City Clerk (714) 536-5227. To make arrangements for an assisted listening system (ALD) for the hearing impaired, please contact: the Sergeant at Arms (714) 536-5693 or the City Clerk (714) 536-5227.

AGENDA

CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH

MONDAY- APRIL 16, 2007

4:30 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648

4:00 P.M. - Room B-8
The City Clerk will recess the 4:00 P.M. portion of the Meeting to 4:30 P.M. due to an anticipated lack of quorum.

Call City Council/Redevelopment Agency Meeting to Order

Roll Call     Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy

Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Study Session and Closed Session Portion of the Agenda
(1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk’s Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk’s Office following distribution of the agenda packet.)

Public Comments Regarding 4:30 P.M. Portion of Council Meeting for Study Session and Closed Session Agenda Items

(City Council/Redevelopment Agency) Study Session – Pursuant to Recent City Council Direction, A Presentation will be given on the Legal, Administrative, and Financial Aspects of the City Assuming Oversight Authority from the California Department of Housing and Community Development (HCD) for Local Mobile Home Parks

PowerPoint presentation titled Mobile Home Park Local Enforcement Authority is included in the agenda packet.

Call Closed Session of City Council/Redevelopment Agency

Recommended Action: Motion to recess to Closed Session on the following items:

(City Council) Closed Session – Pursuant to Government Code Section §54957.6, the City Council shall recess to Closed Session to meet with its designated labor negotiators: Penelope Culbreth-Graft, City Administrator; Bob Hall, Deputy City Administrator; Dan Villella, Finance Director; and Renee Mayne, Chief Negotiator, regarding labor negotiations with the following employee organizations: MEO, MEA, HBFA, SCLEA, and Non-Associated.

The City Council and the Redevelopment Agency of the City of Huntington Beach will regularly convene in joint session for the purpose of considering the following City Council-Redevelopment Agency Agenda Items. The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington Beach Public Financing Authority are also agencies on which Council serves as members. On each Agenda these Agencies may have items scheduled. When an Agenda Item requires action by any of these Agencies, it will show in parenthesis preceding the item, for example (City Council-Redevelopment Agency).

6:00 P.M. - Council Chambers

Reconvene City Council/Redevelopment Agency Meeting

The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code §54957.1(a) (3) (B)).

Roll Call      Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy

Pledge of Allegiance/Flag Salute – To be led by Girl Scout Troop 2180.

In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

Invocation – To be announced by Mayor Coerper.

Hello and welcome to the Huntington Beach City Council meeting. If you would like to address the Council, please fill out the pink public comment sheet attached to the agenda. After completing the form, hand it to the Sergeant at Arms and he will give it to the City Clerk. As a courtesy to those in attendance, I would ask that cellphones and pagers be turned off or set in their silent mode. Thank you.

Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Agenda (1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk’s Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk’s office following distribution of the agenda packet.)

Presentation – Mayor Coerper to call on Dave Hollon, the Donate Life Ambassador who will accept a proclamation proclaiming April as National Donate Life Month.

Presentation – Mayor Coerper to call on Police Chief Ken Small to announce National Public Safety Telecommunication Week and invite the Police Department Communications Bureau to accept a proclamation.

Presentation – Mayor Coerper to call on Jean Nagy and Elaine Craft to accept a proclamation for National Arbor Day. The Mayor will also call of Public Works Deputy Director, Dave Webb to announce the City being awarded “Tree City USA.”

Presentation – Mayor Gil Coerper to call on City Clerk Joan Flynn to accept a proclamation for Municipal Clerk’s Week April 29 – May 5, 2007.

Mayor’s Award – Mayor Gil Coerper to call on Public Works Deputy Director Dave Webb to present the Mayor’s Award to Water Production Crewleader Gary Eddington.

B. PUBLIC COMMENTS

This is the time of the meeting for the Council to receive comments from the public regarding items of interest or agenda items OTHER than Public Hearings. Generally, Council will not enter into a dialogue during this period.

Pursuant to the Brown (Open Meeting) Act, the City Council may not discuss items unless they are on our agenda. So if you are speaking on an item not on the agenda, we cannot discuss the issue with you at this meeting. However, if you wish to meet with any of us please call the Council's Secretary at 714-536-5553. Thank you for taking the time to come to the council meeting to address the Council. Councilmembers strive to treat members of the public with respect, and we ask that you also express your concerns and opinions in a civil and respectful manner.

Each speaker is allowed 3 minutes and time may not be donated to others. No action can be taken by Council/Agency on this date unless the item is agendized.

Complete the attached pink form and give to the Sergeant at Arms (the Police Officer located near the speakers’ podium).

C-1. Council Committee/Appointments/Liaison Reports and All AB 1234 Disclosure Reporting
This is the opportunity for Councilmembers to make announcements regarding Council committees, appointments or liaison reports and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the agency’s expense, per Government Code §53232.3 (d))

C-2. City Administrator’s Report

C-3. City Treasurer’s Report

C-3a. (City Council) Review and Accept Shari L. Freidenrich, City Treasurer’s February 2007 Investment Summary Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for February 2007

Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment Report and Summary of Investments for February 2007.

Recommended Action: Motion to: Review and accept the Monthly Investment Report. Following review of the report, by motion of Council, accept the Monthly Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for February 2007, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.

PowerPoint presentation titled February Treasurer’s Report is included in the agenda packet.

D. PUBLIC HEARING

Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant at Arms located near the Speaker’s Podium.

D-1. (City Council) Public Hearing To Consider A Six-Month Extension of Interim Ordinance No. 3766 Which Provides for a Moratorium on the Installation of Wireless Telecommunication Facilities in Locations Other Than the Public Right-of-Way, Allowing City Staff Time to Present Appropriate Regulations Consistent With the Requirements of State and Federal Law to the Appropriate Legislative Bodies

Communication from the City Attorney transmitting the following

graphStatement of Issue:
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach, located at 2000 Main Street, at the hour of 6:00 P.M., or as soon as possible thereafter on Monday, the 16th of April, 2007, for the purpose of considering extending the moratorium on the installation of wireless telecommunication facilities in the public right-of-way.

All interested persons (especially senior citizens and handicapped individuals) are invited to attend to express their opinions for, or against, the proposed extension with written or oral comments. Written communications to the City Council also may be mailed to the City Clerk. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648 (telephone number: 714-536-5227.)

The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, city programs or activities. The City of Huntington Beach is an equal opportunity employer.

  • Staff report
  • City Council discussion
  • Open public hearing
  • Following public input, close public hearing

Recommended Action: Motion to:

Approve and adopt Resolution No. 2007-25, “A Resolution of the City Council of the City of Huntington Beach Extending Interim Ordinance No. 3766 for Six Months” with specific findings regarding the detriment to the public health, welfare and safety and extending Interim Ordinance No. 3766 for six months.

ADMINISTRATIVE PUBLIC HEARING

D-2 is an Administrative Public Hearing and is required by Huntington Beach Municipal Code Section 1.18. ONLY affected property owners are entitled to speak at this administrative hearing. Anyone wishing to speak is requested to complete the attached pink form and give it to the Sergeant at Arms located near the Speaker's Podium. All other interested parties may speak during the regular Public Comments section of the agenda at the beginning of the meeting.

D-2. (City Council) Administrative Public Hearing to Consider Adoption of Resolution No. 2007-26 Approving Certification of Special Assessments for Collection of Delinquent Civil Fines for Municipal Code Violations

Communication from the City Attorney transmitting the following

Statement of Issue:
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Huntington Beach in the City Council Chambers, 2000 Main Street, Huntington Beach, California, 92648 at the hour of 6:00 p.m. or as soon thereafter as possible, on Monday April 16, 2007 to consider the adoption of proposed Resolution entitled “A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessment for Collecting Delinquent Civil Fines for Municipal Code Violations.”

A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach 92648, for inspection by the public on April 12, 2007.

An administrative hearing is required by the Huntington Beach Municipal Code 1.18. Only property owners are entitled to speak at an administrative hearing. All other interested parties may speak at regular public comment at beginning of the meeting. Written communications to the City Council may also be mailed to the City Clerk.

The public hearing is held pursuant to California Government Code Section 38773.5 and Huntington Beach Municipal Code 1.18.150.

  • Staff report
  • City Council discussion
  • Open administrative hearing
  • Following input from affected property owners only, close administrative hearing (The general public may speak during Public Comments)

Recommended Action: Motion to:

Adopt Resolution No. 2007-26, “A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations.”

E. CONSENT CALENDAR

All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed.

Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.

E-1. (City Council/Redevelopment Agency) Approve Minutes – Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of April 2, 2007 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.

E-2. (City Council) Approve Release of the Guarantee and Warranty Bond Provided as Security by John Laing Homes, Developer of Cape Ann Tract 15531 Located North of Garfield Avenue and South of Sea Gate Drive 1) Release Guarantee and Warranty Bond No. 361549, the security furnished for guarantee and warranty of improvements for Tract 15531 (Cape Ann); and 2) Instruct the City Clerk to notify the developer, John Laing Homes, of this action, and the City Treasurer to notify the Surety, Seaboard Surety Company, of this action. Submitted by the Director of Public Works. Funding Source: No funds required for this action.

E-3. (City Council) Approve Release of the Guarantee and Warranty Bond Provided as Security by PLC Land Company, Developer of Peninsula Park Tract 15675 Located on the Northwest Corner of Goldenwest Street and Summit Drive 1) Release Guarantee and Warranty Bond No. 3SM95819800-A, the security furnished for guarantee and warranty of improvements for Tract 15675 (Peninsula Park); and 2) Instruct the City Clerk to notify the developer, PLC Land Company, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action. Submitted by the Director of Public Works. Funding Source: No funds required for this action.

E-4. (City Council) Adopt the Strategic Plan Update for 2007 as Part of the Five-Year Strategic Plan Goals Adopted by City Council in August 2006 – Staff recommends the City Council accept the list of projects to update the strategic plan. Submitted by the City Administrator. Funding Source: Projects are funded in the 2006-07 operating and capital improvement budget.

F. Administrative Items

F-1. (City Council) Approve a City Council Position on Legislation Pending Before the Federal, State, or Regional Governments as Recommended by the City Council Intergovernmental Relations Committee (IRC)

Communication from Councilmember Jill Hardy, Chair on behalf of Intergovernmental Relations Committee Members Councilmember Don Hansen and Councilmember Keith Bohr transmitting the following

Statement of Issue: Approve a City Council position as recommended by the City Council Intergovernmental Relations Committee (IRC) on legislation pending before a federal, state, or regional government, thereby authorizing the Mayor to communicate the City’s position to the elected members of the federal or state legislature, or regional body.

Funding Source: Not Applicable

Recommended Action: Motion to:

1. SUPPORT AB 411 (Emmerson) – Residential Care Facilities, Over Concentration as introduced.

2. SUPPORT AB 823 (Solorio) – Orange County Road Funds, Apportionment of Fuel Tax as introduced.

3. OPPOSE AB 1355 (Houston) – Counties’ Sheriff’s Duties, Coastline, Harbors, and Inland Waterways as introduced.

4. SUPPORT SB 286 (Dutton) – Transportation Bonds, Prop 1B, Implementation as introduced.

5. OPPOSE SB 303 (Ducheny) – Local Government; Housing as amended March 22.

6. SUPPORT SB 710 (Dutton) – Welfare and Institutions, Aid to Families, Children Foster Care Group Homes as introduced.

7. SUPPORT SB 1000 (Harman) – Substance Abuse Recovery Maintenance Facilities as introduced.

8. SUPPORT HR 1023 (Meeks) – Repealing Section 511 of Tax Increase Prevention and Reconciliation Act of 2005. Section 511 would require certain local governments, beginning on January 1, 2011, to collect a 3% withholding tax on payments to certain vendors.

F-2. (City Council) Adopt Resolution No. 2007-27 Approving and Implementing the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Fire Management Association (FMA) Covering the Period July 1, 2006 Through June 30, 2008

Communication from the Deputy City Administrator transmitting the following

Statement of Issue: Should the City and the Huntington Beach Fire Management Association (FMA) enter into a new Memorandum of Understanding (MOU) covering the period July 1, 2006 through June 30, 2008?

Funding Source: Funding is contained in the current Fiscal Year 2006/2007 budget and funding will be included in the budget for Fiscal Year 2007/08. The cost to implement the FMA MOU in the current Fiscal Year is $101,162. The cost to implement the FMA MOU in Fiscal Year 2007/08 is $57,412. Total estimated cost of this Memorandum of Understanding for a two-year term is $158,574.

Recommended Action: Motion to:

Adopt Resolution No. 2007-27 - “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for July 1, 2006 through June 30, 2008.”

PowerPoint presentation titled Proposed Changes in Terms and Conditions of Employment Between City of Huntington Beach and the Fire Management Association, Term of Memorandum of Understanding 07/01/06 – 06/30/08 is included in the agenda packet.

G. Ordinances

G-1. Ordinance for Adoption

G-1a. (City Council) Adopt Ordinance No. 3767 Establishing the State Franchise Fees for Public, Education and Government (PEG) Video Service Providers. Approved for Introduction April 2, 2007.

Recommended Action:

After City Clerk reads by title, Adopt Ordinance No. 3767, “An Ordinance of the City of Huntington Beach Establishing Fees for State Franchised Video Service Providers” by roll call vote.

H. City Council/Redevelopment Agency Items

H-1a. (City Council) Submitted By Councilmember Keith Bohr – Direct Staff to Research the Costs and Other Issues Associated With Adopting a Mandatory Spay, Neuter and Microchip Ordinance

Communication from Councilmember Keith Bohr transmitting the following

Statement of Issue:
Millions of dogs and cats are killed every year because not enough homes exist for these pets. Many of these are puppies and kittens -- the offspring of family pets. Pet overpopulation is a preventable problem that everyone can help solve simply by spaying or neutering his or her pets. Spaying and neutering is a safe surgical procedure performed by veterinarians that prevents animals from reproducing.

Orange County, as contracted to do on behalf of 21 Orange County cities, picked up 29,690 stray animals in 2006. Despite commendable efforts by the county to reunite these animals with their owners, or to adopt them out to new owners, the county still had to euthanize more than 12,000 dogs and cats in 2006.

The most cost effective method of reducing these numbers is to have the county and all cities adopt a “Mandatory Spay, Neuter and Microchip Ordinance,” which will dramatically reduce the number of cats and dogs produced and would increase the number of lost pets returned to their owners. That would minimize the numbers that are ultimately euthanized. In an effort to minimize the number of unwanted animals in Orange County and Huntington Beach specifically, I am making the following recommendation.

Recommended Action: Motion to:

Direct city staff to research the costs and other issues associated with adopting a Mandatory Spay, Neuter and Microchip Ordinance similar to the one adopted by the county of Los Angeles in 2006. It is my ultimate goal to adopt such an ordinance in Huntington Beach. However, I do understand that there are a number of issues, policies, procedures, and costs that must be determined before such an ordinance can be successfully drafted, adopted, and implemented.

Council Comments - (Not Agendized)

At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda.

Council/Agency Adjournment to Monday, May 7, 2007, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.

Council/Agency Agendas and Minutes are Available at No Charge to the Public at the City Clerk's Office, on the City's Website, Via Email, and Through Paid Subscription. Complete Agenda Packets are Available at the Central Library and Library Branches on Friday Prior to Meetings. Videotapes of Council Meetings are Available for Checkout at the Central Library at No Charge.

JOAN L. FLYNN, CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648

COMPUTER INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA WITH STAFF REPORTS IS AVAILABLE PRIOR TO CITY